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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Sarika Rani – Appellant
Versus
District Magistrate-Cum-Appellate Tribunal – Respondent
JUDGMENT :
Vikas Bahl.J (Oral)
1. This is a Civil Writ Petition filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the order dated 02.01.2019 (Annexure P-7) passed by the Appellate Tribunal-cum-District Judge, Jind and order dated 07.06.2018 (Annexure P-5) passed by the Prescribed Authority-cum-Sub Divisional Magistrate, Jind, whereby petitioner was evicted from the matrimonial home.2. Learned counsel for the petitioner has referred to the order dated 06.02.2019 passed by a Coordinate Bench of this Court at the time of issuance of notice of motion, which reads as under:-
"The challenge in the instant petition is to the order dated 07.06.2018 (Annexure P-5) passed by the Sub Divisional Magistrate, Jind, and in terms of which an application moved by respondent No.2 under the provisions of Maintenance and Welfare of Parents and Senior Citizen, Act 2007, has been accepted and the petitioner herein has been ordered to be evicted from the premises in question. Further challenge is to the order dated 02.01.2019 (Annexure P-7) passed by the Appellate Tribunal-cum-District Magistrate, Jind, affirming the order of eviction da
The Maintenance Tribunal holds the jurisdiction to issue eviction orders under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, superseding the District Magistrate's authority in....
The Maintenance Tribunal can decide eviction applications under Section 23 of the 2007 Act, independent of prior orders under Section 22.
The court clarified that the authorities under the 2007 Act do not have the power to order eviction, but are limited to granting maintenance and addressing fraudulent property transfers.
The Senior Citizens Act empowers senior citizens to seek eviction for their protection, even if there are ongoing civil proceedings regarding property ownership.
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 allows for eviction to protect senior citizens from threats to their life and property, independent of maintenance claims.
The Senior Citizens Act empowers the Tribunal to issue eviction orders to protect the rights and welfare of senior citizens, emphasizing the obligation of children to maintain their parents, includin....
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